...arbitrators and national courts are critical to the functioning of modern international commercial arbitration. Trite but true, although acknowledgement of the place of national courts and national law in this...
Search Results for : %Court Decisions"
...of an arbitration agreement from its underlying contract should be approached in light of these aims. According to a recent decision of Chamber “E” of the National Commercial Court of...
The Scope of the Separability of the Arbitration Agreement under ...
Author: Martin Kwan* Jurisdiction: Canada United States Topics: Contents of the Arbitration Agreement Enforceability of Arbitration Agreements Existence and Validity of Agreement to Arbitrate Jurisdiction and Powers of the Courts...
Unconscionable Arbitration Agreement: To Strike Down Entirely or to “Blue-Pencil” ...
...as well as arbitration. Arbitration back then was still relatively youthful, as I was. Chapter 2 was my glorious quarter-century on New York’s high court, the Court of Appeals. For...
Junctures: In Life and In Law – Vol. 20 No. ...
...arbitration. At issue was the role of the English courts in an ICC arbitration procedure. Download Full PDF *Arbitral & Judicial Decisions **Member of the Ontario and New York Bars;...
One Small Step Backward?: A Comment on the Ken-Ren Cases* ...
...is the most appropriate way to deal with the dispute before them. However, this famous flexibility also means that procedural decisions may not turn out to be as efficient as...
Tech Disputes – A view from above: How to deal ...
...past, courts had taken different positions on the question. Some courts had ruled class actions not permissible in arbitration, while other courts had ruled class actions permissible and directed the...
Class Actions In Arbitration* – Vol. 14 No. 1-2
...community outside of Germany. Third-Party Notice under German Procedural Law Third-party notice based on the ZPO is a popular tool whenever multiparty contracts are being litigated before German state courts:...
Third-Party Notices: The Participation of Non-Parties in Arbitral Proceedings Based ...
...the last two terms of the U.S. Supreme Court have curiously continued that pattern. Once again the Court has handed us three leading cases on closely related themes – and...
Arbitral Power and the Limits of Contract: The New Trilogy ...
Author: Tietie Zhang* Published: November 2017 Jurisdictions: China United States Topics: Public Policy Favoring Arbitration Jurisdiction and Powers of the Courts in Matters of Arbitration Generally Judicial Decisions Description: I....
Judicial Sovereignty and Public Policy under Chinese Arbitration Law – ...
...N.V. v. Republic of Venez, ICSID Case No. ARB/96/3, Decisions of the Tribunal on Objections to Jurisdiction (July 11, 1997), 37 ILM 1378. [4] Treaty Concerning the Reciprocal Encouragement and...
TagTime with Alvin Yeo SC – Indirect Investments in Investor-State ...
...its Judgment in the Case Concerning the Arbitral Award of 31 July 1989, On this question, the Court was unanimous. Download Full PDF *Judge of the International Court of Justice....